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Results: 1-10 of 166

Date of resignation cannot be backdated
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • July 8 2010

The Employment Appeal Tribunal (EAT) has, in the case of Heaven v Whitbread Group plc, provided guidance on how the effective date of termination (EDT) of employment should be determined


Employer could terminate for failure to follow reasonable instructions
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • April 9 2010

The Court of Appeal has held that an employee's failure to follow instructions and report a significant risk issue undermined trust and confidence to such an extent that the employer was entitled to terminate the employee's employment without notice (Dunn v AAH Ltd


Employer faces jail for perjury in the tribunal
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • December 10 2009

In a warning shot to anyone tempted to be overly creative in the discovery of documents or to avoid the truth in order to bolster their defence to a claim, an individual has been sentenced to 4 months in prison for perverting the course of justice during employment tribunal proceedings


Meaning of "occupied premises" for purposes of car pool tax exemption
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • September 10 2010

Providing a company car to an employee is treated as a taxable benefit but there is an exemption to the general rule where the car provided by the employer is used as a "pool car"


Protection of volunteers - discrimination and unfair dismissal
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • December 10 2009

Two recent cases have confirmed that a genuine volunteer does not have the protection of the law on discrimination or unfair dismissal


Acquired Rights Directive applies to transfers by non-contractual employer
  • Shepherd and Wedderburn LLP
  • European Union, United Kingdom
  • November 11 2010

The ECJ has recently held that the Acquired Rights Directive (ARD) applies on the transfer of an undertaking by a group company where a different group company employs the affected employees, provided they are permanently assigned to the undertaking being transferred (Albron Catering v FNV Bondgenoten and Roest


Consultation on amendments to implement recast European Works Council Directive
  • Shepherd and Wedderburn LLP
  • European Union, United Kingdom
  • December 10 2009

Under the existing European Works Council Directive, multinationals based in the EU are required to keep employees informed of developments at a European level


Moving a disabled employee to an alternative workplace can be a reasonable adjustment
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • January 14 2010

In order to make reasonable adjustments for a disabled store manager, as required under the Disability Discrimination Act, the employer proposed moving the manager to a different store, invoking a mobility clause in her contract of employment


Employer not penalised for mistaken belief about the application of TUPE
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • November 12 2009

Not the main dispute between the Royal Mail and trade unions but an interesting sideshow nevertheless and another victory for the employer: the Court of Appeal has upheld the EAT's decision in Royal Mail Group Ltd v Communication Workers Union, that an employer which genuinely but mistakenly believes that employees will not transfer under TUPE will not automatically be in breach of the requirement under TUPE to inform and consult for providing what turns out to be incorrect information


Differing outcomes in cases on dismissal to avoid paying early retirement pension
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • November 12 2009

In what may be a sign of an increasing trend, another case of dismissal to avoid paying a pension has been heard